I was injured on the job 1/10! The employer is not denying that the incident happened, but they are denying the injuries sustained. I have been unable to work since the accident. Subsequently, I have been fired from my position. The insurance company did send me to their doctor in the beginning and this guy stated nothing was wrong with me after seeing me for 5 minutes and sent me packing! Insurance company refused second opinion and I had to seek out treatment on my own!
Since the injury, I have been seeing my own physicians (Neurologist, primary and an orthopedic surgeon), I have been diagnosed with post concussive syndrome, cervicogenic headaches, and have had surgery on my shoulder. I have memory problems and headaches daily. The headaches are so bad, to the point where I cannot function and am in bed for hours crying!
The first attorney I had hired, was basically too busy to handle my case and cancelled a mediation with the insurance carrier without my knowledge, never filed for a change of physician or any hearing of any sort. I tried for months to work with this attorney and he would always give me the run around so I fired him and hired a new attorney (Oct. 2011) . The new attorney rescheduled the mediation with the insurance company in April 2011. The insurance company offered to settle my case at some low, low offer and that I would not agree to because I still need treatment! According to my attorney, back in April, he was going to file for a hearing with the commission for medical coverage and pay check.
In June, I received some paperwork from the insurance carrier stating that they were sending me for an IME. In July I seen their Dr and he felt so sorry for me that he even went as far as to write prescriptions for me! He also proceeded to ask me why the insurance carrier would deny this case. He believes that there is something “fishy” going on! In his letter to the insurance company he agrees with all of the physicians that I have seen thus far and that the injuries received where indeed related to the accident that occurred on the job. He acknowledges that I am not at MMI and further treatment is needed.
This past week I called that NC WC commission to find out why I have not been scheduled for a hearing that was applied for in April and was told that my "new" attorney has not filed any paper work since the change of attorney was filed back in October. Now my attorney is stating that this was a “misunderstanding” and that he never stated he was filing for a hearing! Am I wrong to think that I need to get in front of a judge to make a decision here?? I am so sick of getting the runaround, I just do not know what to do next. I have tried and tried with BOTH attorneys, no one seems to want to help me, and now I am beginning to think something “fishy” is going on! I am livid and I just do not know what else to do or whom I can talk too!
Any advice? I have lost my job, my savings, my home and am now living with friends!